Sylvain Laporte, Commissioner of Patents, Registrar of Trade-marks and CEO at CIPO was selected by Managing IP for its list of the 50 most influential people in intellectual property. Continue reading Influential in IP
All posts by Alan Macek
Reverse Payment Agreements
Earlier this week, the U.S. Court of Appeals for the Third Circuit held that reverse payment agreements or exclusion agreements between brands and the first generic under the Hatch-Waxman Act should be prima facie evidence of an unreasonable restraint of trade. The action was a class proceeding brought by wholesalers and retailers of the drug K-Dur against Schering, In Re: K-Dur Antitrust Litigation.
Supreme Court on Copyright
Today, the Supreme Court of Canada released five decisions on copyright considering issues of communications to the public, soundtracks, and music previewing, all arising from the Copyright Board.
In ESA v. SOCAN, 2012 SCC 34, a majority held that a musical work contained in a video game downloaded over the Internet was not a ‘communication’ and in Rogers v. SOCAN, 2012 SCC 35 that streaming works to requesting members of the public was a ‘communication to the public’ after considering issues of technological neutrality. In Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38, the court held that “sound recording” excludes soundtracks of cinematographic works.
The court considered fair dealing in SOCAN v. Bell Canada, 2012 SCC 36 and Alberta (Education) v. Access Copyright, 2012 SCC 37. In Bell, the court found that music previewing was fair dealing and in Access Copyright, a majority found photocopies by teachers to be fair dealing.
Copyright at the Supreme Court
The Supreme Court of Canada will release decisions on the 5 pending copyright proceedings on Thursday morning. The proceedings were taken under reserve last December and raise issues of communications to the public, previewing music, music in online games, educational fair dealing, and music in soundtracks.
European Unitary Patent
A significant break through was made towards a single European Patent. EU has decided that Paris will host a central European Patent Court to determine issues of infringement and validity. The EPO will grant the unified patent for 25 countries.
Copyright Amendments
The Copyright Modernization Act (C-11) has passed parliament and received Royal Assent. The Act makes significant amendments to various aspects of the Copyright Act including to fair dealing, technological protection measures, educational use and performer’s rights. It comes into force on a date to be fixed by cabinet, likely with corresponding regulations.
Beijing Treaty
The World Intellectual Property Organization has announced the finalization of a new treaty called the “Beijing Treaty on Audiovisual Performances“. The treaty is directed to establishing rights for audiovisual performance artists such as actors.
Judge Posner Smartphone Litigation
On Friday, Judge Posner, sitting as a trial judge, dismissed with prejudice patent infringement litigation between Apple and Motorola on the basis that no damages could be proven by either side. Judge Posner stated that proof of infringement alone was not enough to warrant a remedial order, such as damages, an injunction or a declaration.
Judicial Appointments
Justice Catherine M. Kane has been appointed a judge of the Federal Court effective immediately replacing Justice Simpson who elected to become a supernumerary judge. Justice Kane was a lawyer with the Department of Justice Canada in Ottawa practicing in the area of criminal law.
Brimonidine – Issues of Comity
Justice Hughes issued a decision in Allergen v. Apotex 2012 FC 767 (Brimonidine) earlier this week. He determined that Apotex’s allegation of obviousness was justified but granted the prohibition order on the basis that an earlier decision of Justice Crampton on the same patents, but different parties (2011 FC 1316) was contrary and therefore an issue of comity should be considered by the Federal Court of Appeal. The decision and a summary is available from Beeser Ramamoorthy.